Citizenship
and Immigration Services (CIS) announced that it has developed a new email
system to answer parents' questions about pending intercountry adoption
applications. CIS states that the email addresses will be devoted
solely to intercountry adoptions. Each CIS district office will have a
dedicated electronic mail address reserved solely for customer service
on intercountry adoptions. "Given
the complex and highly charged issues surrounding international adoptions,
prospective adoptive parents frequently have difficult and urgent questions
that are not easily addressed through routine customer service channels,"
CIS said in its public release. "The new email service will expedite customer
communications with USCIS on issues ranging from the completion of application
forms to questions involving case status. Prospective
adoptive parents may get the email addresses by calling the CIS National
Customer Service Center at 1-800-375-5283.

Intercountry
Adoption in the News (Scroll down)

Romania
rejects appeals to lift adoption ban on foreignersMilitary
families get time to bond with adopted children

BULLETINS

Latest
update on suspension of adoptions from Cambodia, CLICK
HERE
Update on Romanian adoption moratorium, CLICK
HEREState
Department warning on Vietnamese adoptions, CLICK
HERE
For a link to Rep. Spencer Bachus' (R.-Ala.) letter to me, announcing passage
of the Hope for Children Act and the availability of an increase in the
tax credit for adoption from $5,000 to $10,000, CLICK
HERE
Information about the Delahunt Child Citizenship Act of 2000, which went
into effect on February 27, 2001, CLICK HEREList
of state-licensed and certified child-placing agencies in Alabama, CLICK
HERE
Basic information about the Child Citizenship Act of 2000, CLICK
HERE
Questions and answers regarding the Child Citizenship Act of 2000,
CLICK
HERE

Adoption
is a creature of state or national law, unless it is governed by religious
principle. What this means is that if you want to adopt a child in
another state or nation, you must comply with both the laws in the other
state or nation to remove the child, and you must also comply with the
laws in your state or country of residence. Probate
judges, or a judge in another state or nation who fulfills the duties of
a probate judge, perform adoptions. They follow the law strictly.
In the United States, they do so mindful of a number of recent, unusual,
but highly publicized cases of adoptions gone wrong. It is possible to
adopt a child without the aid of a lawyer, but it is not possible to adopt
a child without action by a judge or properly authorized religious cleric. There
are three broad categories of adoptions: (1) related or stepparent
adoptions; (2) unrelated private adoptions; and (3) unrelated agency adoptions.
Let's take them one at a time.

Related
or stepparent adoptions

By
far the most common type of adoption, related or stepparent adoptions are
usually the simplest and least costly adoptions to perform. Because
all of the parties are related by either blood or marriage, a home study
(pre-placement and post-placement investigation reports which can cost
$600 to $800) normally required under Alabama law, for example, is not
required. Alabama adoption law requires the "adoptee" (the child)
to live in the home of the prospective adoptive parents for one year prior
to filing of a petition for adoption. For good cause, this one-year
period may be waived by the probate court. There
are two situations that most often present themselves to attorneys:
In one, a couple with children has gotten divorced and they have married
other parties. The custodial parent now wishes for the stepparent to adopt
his or her children. But if the birthfather's or birthmother's legal
custodial rights have not been terminated, consent must be obtained, or
a hearing held on the issue of parental fitness before juvenile court or
family court, with proper notice to the legal custodial parent who is not
in the home with the children. While most stepparent adoptions move
smoothly through the probate court, custodial fights sometimes erupt that
can make stepparent adoption risky and expensive. In
the second situation, typically, a minor daughter is pregnant, and she
has no intention of getting married. Her mother has raised four children
and is not pleased with either the idea of urging her daughter to place
the child for adoption with strangers or raising her future grandchild
on her own. The mother has a sister or brother who is married, stable,
has a good marriage, a good income, but is childless. She persuades her
daughter to allow the daughter's aunt to adopt the baby. The prospective
adoptive parents would be the baby's great-aunt and great-uncle by marriage,
respectively. Sometimes
an obstacle to a related adoption is obtaining the consent of the birthfather,
who, if named by the birthmother and known to the court, must be found,
if possible. If he cannot be found, Alabama adoption law allows publication
of notice of the final hearing on adoption of the child in a newspaper
of general circulation for four consecutive weeks. As
a matter of personal practice, I always try to track down the birthfather
via several means at my disposal, sometimes using reputable private investigation
agencies where my clients can afford it, and pursue other means of notice
authorized by Alabama law to avoid problems with provision of proper notice
later on, and not just because there have been a number of highly publicized
cases of birthfathers turning up and crying foul after the adoption has
become final.

Unrelated
private adoptions

Whether
these adoptions are done domestically -- intrastate, interstate, or internationally
-- they are often involve higher risk than other adoptions. I consider
private, interstate, domestic adoptions to be the most difficult of all,
and was surprised to discover their degree of difficulty when I moved into
domestic adoption from the international side. I
encourage my clients to work with professional adoption agencies and their
trained personnel, or the departments of human resources in the various
states, in handling unrelated adoptions both to protect my clients and
the integrity of the adoption process. But I am increasingly called
upon to handle unrelated, short-fuse, high-risk interstate adoptions where
the placement is being handled by a client's friends, an unlicensed "baby
finder" or "referral" service, or the birthmother herself. I have
also learned, unhappily, that many adoption attorneys sometimes have scant
knowledge about how to handle interstate adoptions. Adding
to the complexities of a private, unrelated nonagency adoption is that
legal notice must be served on an number people who may have an interest
in the proceedings, thus setting the stage for a possible custody battle.
For a recent report of why states need to enact statutes that provide for
termination of parental rights when consents to adopt are signed by birthparents,
please click on the following link: CLICK
HERE

Intercountry
adoption

For
an intercountry adoption, a home study, performed by a state-licensed and
-certified social worker and state-licensed and -certified child-placing
agency, is required by the Citizenship and Immigration Services (CIS) in
order to pave the way for bringing the child into the United States. The
chaotic world of adoption is even more chaotic overseas. There are many
stories of highly questionable child-placement activities in the United
States and overseas where it appears babies appear to be for sale to the
highest bidder, with price tags of $50,000 or more. Today there are many
unlicensed referral agencies and adoption "facilitators" in the United
States and abroad that charge big fees, find the baby, and are out of the
picture. And there are an increasing number of "open adoption" advocates
in the United States who believe that no one should be involved in the
adoption process except the birthmother, the prospective adoptive parents,
and, of course, the open adoption agency. Perhaps
you see why private, unrelated, nonagency adoptions get most of the attention
from the public and the news media nationwide. I
have been asked by U.S. citizens, formerly from Laos, to help them adopt
a child in Laos. This is not possible. CLICK
HERE

Representative
fees: What does it cost?

Fees
for unrelated, private, nonagency intercountry adoptions, should range
from $10,000 to a high of $30,000, depending upon a number of factors,
such as: (1) travel, food, and lodging; (2) whether attorneys will be hired
both in the foreign country and in the United States; (3) whether an attorney
must be appointed for a minor birthmother or for an adult birthmother;
(4) whether a legal proceeding must first be conducted in the foreign country
to terminate the birthparents' parental rights; (5) if the child is a newborn,
whether there are complications in obstetrical care and delivery; and,
(6) whether there was a contractual agreement to provide court-approved,
reasonable, and necessary expenses of the birthmother, often including
prenatal care preceding delivery. There is not sufficient space to
further explore this type of adoption. Fees
for a related, private, nonagency intercountry adoption vary widely, depending
upon the circumstances. If neither of the prospective adoptive parents
is also a parent of the child to be adopted, the cost is greater.
If one of the prospective adoptive parents is a parent of the child to
be adopted by the step-parent, the fees are generally lower. Attorney's
fees for these adoptions also vary widely, depending upon the circumstances
and countries involved, and might range from a low of $1,500 to a high
of $6,000 or more. It is our policy to hire an adoption lawyer in
the foreign country in order to verify compliance with all foreign statutes,
regulations, and procedures. This adds expense to our cases, of course,
but is something that I require. Reputable foreign adoption agencies
should have a close relationship with one or more foreign adoption attorneys
in the countries in which they operate.

Unrelated
agency adoptions

Unrelated
agency adoptions are the preferred means to deal with the complexities
of the adoption process, although they often lack the "up close and personal"
qualities of a private, unrelated adoption proceeding. Reputable agencies
will be able to provide you with proof of their licensure by their state
department of human services. Their personnel undergo regular, professional
social work training in the intricacies of counseling and the adoption
process. Typical private agency fees in Alabama range from $4,000 to $6,000,
depending on the amount of time that agency personnel have spent on the
adoption process. Obstetric costs can range from nothing, if the birthmother
is on Medicaid, to $3,000 to $5,000 in normal birth situations, depending
on the hospital or clinic used. These adoptions in Alabama normally range
from $8,000 to $15,000, depending on some of the same factors listed above. Because
the birthmother "relinquishes" her child for adoption to the agency, or
to DHR, which often places the baby for a short period of time in a foster
home, there is little, if any, anxiety for the prospective adoptive couple
concerning (1) a live birth; (2) what the costs of the adoption will be;
(3) where the baby is or how he or she is doing, etc. While such an adoption
is less personal, it is often less stressful for the prospective adoptive
couple.

Intercountry
adoption

Overseas,
just like in the United States, the cost of adoption varies widely. If
you are interested in a private, agency adoption, you should be prepared
to budget up to $20,000 for the entire process, including fees, travel,
and accommodations. But many intercountry adoptions cost less, and
generous tax credits are now available: CLICK
HERE Intercountry
adoption should be given serious consideration by any prospective adoptive
couple where one of the spouses is 40 years of age or older. Intercountry
adoption is usually a five-part process involving (1) a pre-placement investigation
(home study) performed by a licensed, certified social worker of the prospective
adoptive parents and their home, (2) the foreign adoption (or legal custody)
legal proceeding and/or relinquishment of custody by the parent(s) for
emigration, (3) application with the U.S. consulate for an exit visa and
the consular review process, (4) the local adoption in the county where
the child will live with his or her new adoptive parents, and (5) application
with Citizenship and Immigration Services (CIS) of the U.S. Department
of Homeland Security (either prospectively -- before the adoption is accomplished
-- or after the adoption is accomplished in the country where the child
will live) and compliance with federal regulations. In
my practice, I sometimes come into contact with foreign-born nationals
who have brought a relative child (a niece or a nephew, for example) to
the United States on a tourist visa for the purpose of sending the child
to school in the United States. While this is a violation of federal law
and subjects those who violate the law to substantial federal civil, and
possibly criminal, penalties, that doesn't seem to stop the practice. Besides
the violation of federal law and of State Department and CIS rules and
regulations, there is the matter of providing health care for the child.
Alabama law, for example, requires that a child may be declared dependent
if not provided for by a parent or guardian. What happens, for example,
when the child becomes seriously ill and needs emergency surgery. Could
one of the child's adult "custodians" legally grant permission for the
surgery? Fees
for intercountry adoptions are generally higher than those for domestic
adoptions due to travel and lodging expenses alone. It sometimes involves
the greatest risk. Because of politics, both international and local, borders
open and close to adoption periodically and at the worst possible time.
It is a fast-changing environment and requires patience, flexibility, and
some tolerance for government red tape. For
foreign-born prospective adoptive parents who wish to adopt an older child
of a relative, the adoption process is not as difficult and is often much
less expensive. The older child should be no older than 14 years of age
before the adoption process begins. But great care should be taken, particularly
in related adoptions, to comply with all State Department and CIS regulations
prior to filing a petition to adopt in the foreign country or prior to
the birthmother's filing of her consent for the child to be adopted and
to be permitted to emigrate from the foreign country. At
least one of the adoptive parents in this situation should be a U.S. citizen.
Care should be taken to make sure that there exists, or there may result
from a petition for adoption, a judicial decree certifying that the child
is an orphan, or has been abandoned by one or both birthparents. If there
is a birthparent remaining, the decree should mention the factors concerning
the inability of the remaining birthparent to care for the child in addition
to economic problems. Further discussion of this topic is beyond the scope
of this article. There
is lots of room for reform of the federal laws that govern intercountry
adoptions. I find it interesting, in my practice, that most federal
officials understand this and, from time to time, will work with you in
bending the rules a bit to get the adoption accomplished. There will
be frequent changes in immigration and nationality law, and adoption in
particular, so you should stay abreast of the changes. One of the
most recent changes has to do with adoption of older adopted siblings.
CIS issued a memorandum on December 28, 1999, making it possible for natural
siblings to immigrate together if they are adopted by hte same U.S. citizen
parents. An adoptee who was adopted between the ages of 16 and 18
may now immigrate to the United States as long as he or she is accompanying
a sibling younger than 16 who immigrated under the traditional intercountry
adoption requirements.

Applicable federal
law

The
Immigration and Nationality Act (INA) provides that the child of a parent
or parents includes any child adopted by hte parent when the child was
younger than 16, if the child has been in the legal custody of and has
resided with his or her adoptive parents for at least two years.
This provision is not applicable where the child is considered, legally,
an "orphan." Adoptive parents who are U.S. citizens or lawful permanent
residents may now file a petition with CIS on behalf of an adopted child
who is a sibling of a formerly adopted child and is between 16 and 18 years
old. The
new law amends the definition of "child" for purposes of filing an "orphan"
petition with CIS. The INA formerly provided that "child" includes
one who is "an orphan because of the death, disappearance, abandonment,
desertion, separation from, or loss of both parents, or for whom the sole
surviving parent is incapable of providing proper care and has, in writing,
irrevocably released the child for emigration and adoption. The orphan
must have been adopted abroad by a U.S. citizen adoptive parent or parents,
and the petition to file on behalf of the orphan for an immigrant visa
must be filed before the child is 16 years old. The new law expands
the definition to include the natural sibling of an orphan who meets the
original definition; provided, that this older sibling was adopted abroad
while younger than 18 by the same adoptive parents. The
new law also amends the definition of "child" for naturalization purposes.
Formerly, the INA required that a child adopted before he or she reached
the age of 16 was eligible for naturalization (citizenship). Now
the definition includes the natural sibling of an adopted child who meets
the original definition; provided, that the older sibling is adopted, before
reaching the age of 18, by the same adoptive parents. Under
CIS regulations, children who were not seen by all relevant parents prior
to their overseas adoptions are not considered to have full and final adoptions.
They must be readopted in the state where they will be residing.
This rule applies even in cases where the foreign country considers such
adoptions final. One implication of the CIS position is that children
who were not seen by all relevant parents prior to their overseas adoptions
cannot be considered automatic citizens until readoption occurs.
Children who were seen by all relevant parents will have been issued IR-3
visa and will be eligible for automatic citizenship. Children who
were not seen by all relevant parents prior to the overseas adoption will
have been issued IR-4 visas, and are required by the INS to be readopted
before becoming citizens.

'Readoption'

Although
CIS does not require readoption for children who were seen by all relevant
parents prior to their overseas adoptions, and who traveled home on IR-3
visas, Joint Council recommends readoption in these cases, too. One
reason is that U.S. adoption documents are much more easily replaced than
foreign ones, if they are lost or destroyed. They are also more recognizable
by schools and other organizations to which they may be presented.
In addition, readoption may make it easier for families to change their
children's foreign names and to obtain state birth certificates for them.
Some attorneys feel that readoption could help to protect a child's inheritance
rights. Readoption
is a state function, and procedures are not uniform among the states.
Parents may obtain information about readoption from their state court
system or via their Joint Council member local service (home study) agency
or placement agency. Families should recognize that some states have
readoption requirements such as post-placement visits and/or the updating
of some documents, such as child abuse and police clearances. Other
states (about half) have laws that give effect automatically to a foreign
decree of adoption. In
some states, procedures for readoption are fairly simple, and a family
may feel that using an attorney is not necessary. In others, using
an attorney is advisable. Local service agencies may be able to provide
the names of attorneys familiar with readoption cases, but families may
also contact their state Bar Association for the name of a lawyer who can
accomplish this for them, and this is certainly recommended. Alabama
and Florida now have appointed civil law notaries who can help adoptive
parents in those states obtain a "Certificate of Foreign Birth," which
looks very much like an Alabama or Florida birth certificate. I look
forward to new statutes in both states that will recognize foreign decrees
of adoption and allow civil law notaries to authenticate foreign adoption
records for the purpose of obtaining a Report of Foreign Adoption.

International
child abduction

Finally,
I have handled some very difficult cases involving the Hague Convention
on the Civil Aspects of International Child Abduction. For a list
of the countries that have signed this Convention, please go to the following
link: CLICK HEREParental
child abduction involves obstacles -- not merely with respect to international
law -- that require immediate attention. The Convention operates
through a Central Authority that is required to be designated in each treaty
country. The U.S. Department of State serves as that authority in
the United States. The U.S. Central Authority, which is the Office
of Citizens Consular Services within the U.S. Department of State, will
try to locate and check on the welfare of a child alleged to have been
abducted or wrongfully retained in another treaty country. Regrettably,
it is very difficult to have abducted children returned from non-treaty
countries. You should seek out and hire the best international lawyer
you can find to pursue the matter. A roster of Alabama international
lawyers is available at the following link: CLICK
HERE I
have more information about international child abduction: CLICK
HERE

Research
on adoption

Americans'
understanding and knowledge about adoption in the United States vary widely.
One of the best reflections of Americans' beliefs and thinking about adoption
is contained in an authoritative public opinion survey conducted by the
Adoption
Institute. To read about the survey's findings, CLICK
HERE. While the
news media are full of horrifying stories of adoptions gone wrong and given
the fact that international adoption can be hazardous, the rewards are
always worth it. As an adoptive parent myself, I can assure you that
adoptive couples have much to give, and the adopted children who, in many
cases, begin family life for these couples, become the center of their
universe. There is no experience that duplicates parenthood.
There is no greater purpose of adoption agencies, social workers and social
service agencies, attorneys, federal agencies, and the courts than to work
together to insure that the best interests of children are properly served
and protected, and that good parents and homes are found for children who
need them. The
oldest adoption agency in Alabama is Lifeline Adoption Services in Birmingham,
Alabama. Mr. John Carr, 78, who was laid to rest on August 3, 2001,
in Birmingham, founded the adoption agency in 1981. Back then he
had read an article that a minister named Wales Goebel was hopting to start
a Christian adoption agency. Mr. Carr contact Pastor Goebel and worked
without pay to establish the agency, meet with state officials, and meet
state licensing requirements. Lifeline was granted its state license
in September, 1981. Since then, Lifeline has placed more than 700
babies for adoption. Mr. Carr retired several years ago. He
is survived by his wife Louise and several children.

International
Adoption in the News

Romania rejects
appeals to lift adoption ban on foreigners

BUCHAREST,
Romania - Romania's prime minister on December 22, 2005, rejected U.S.
and European governments' appeals to allow adoptions by foreigners of about
1,000 Romanian children. About
200 U.S. families and 800 European families had filed paperwork to adopt
Romanian children before 2004, when Romania passed laws that effectively
banned all foreign adoptions, except for close relatives of the child.
The U.S. and European governments had asked Romania to exempt about 1,000
children from that ban. "The
Romanian legislation will not be changed, as it accords with European and
international law," Prime Minister Calin Popescu Tariceanu said. Romania
banned foreign adoption in 2004 under pressure from European lawmakers
who accused Romanian authorities of tolerating corruption in the adoption
system. The country hopes to join the European Union in 2007. "We
are concerned about the children caught by a recent change in the law,"
Maura Harty, an official with the State Department's Bureau of Consular
Affairs, said Wednesday as she urged Romania to make an exception to its
ruling. The European Parliament has also urged Romania to allow inter-country
adoptions under special circumstances. But
Tariceanu said adoption requests that were made during the moratorium would
not be considered, as Romania had enough local parents willing to adopt
all children who are legally considered abandoned. "Rather
than estranging those children, I think it is preferable for them to remain
on Romanian land, in families with whom they speak the same language and
share the same culture and customs," he said. Romanian
authorities and the EU have invested heavily in recent years in modernizing
facilities for children and setting up foster care programs. They have
also increased efforts to return children to their birth families or place
them with relatives. But
critics, including U.S. officials, say the adoption ban has prevented many
children from finding permanent homes with adoptive families abroad as
they languish in foster care or institutions. In addition, Harty said,
families in the U.S. and elsewhere have been left in the dark about the
fate of the children they were trying to adopt. International
adoptions boomed in Romania after televised pictures of orphaned children
living in squalor were broadcast worldwide following the 1989 ouster of
the communist dictator Nicolae Ceausescu, who had banned birth control.
About 30,000 Romanian children had been adopted internationally since then.
-- Excerpt from an article distributed by The Associated Press, December
22, 2005.

Military families
get leave benefits for adopted children

WASHINGTON,
D.C. - Military families seeking to adopt children will see leave benefits
and health care benefits for those children expanded under provisions sponsored
by Nebraska’s Senator Ben Nelson and included in key national defense legislation
completed by the United States Senate on December 22, 2005. “We
should do all we can to promote adoption and that includes making it easier
for military families to adopt children,” said Senator Nelson. “After everything
they sacrifice to improve our lives at home, increasing the benefits of
military families and enriching their families with adopted children is
the least we can do to improve theirs.” Given
the uncertain deployment of military families, adoption can be a difficult
process. Senator Nelson’s amendments are designed to simplify and improve
adoption for these families. Specifically,
the first of two provisions included in the Fiscal Year 2006 National Defense
Authorization Conference Report (H.R. 1815) authorizes up to 21 days of
additional leave for service members to use when a child is lawfully placed
in their home for purposes of adopting the child. The
second provision clarifies adoption healthcare statutes by filling in the
cracks to ensure adopted children of military families have access to quality
healthcare. The current law stipulates that only children placed in a military
member’s home by a placement agency are eligible for military health and
dental care. According
to the American Academy of Adoption Attorneys, about 75 percent of newborn
adoptions are not placed through adoption agencies, but through other lawful
means such as private attorneys and other state approved individuals. Senator
Nelson’s amendment mends this oversight and grants independently placed
children in military families the same benefits as children placed by agencies. “As
an adoptive parent myself, I know the rewards of adoption,” said Nelson.
“Our military families are such a deserving group and I’ll keep working
to reward them every way I can.”

WARNING:
In
your search for a child, there is no -- I repeat, NO -- substitute for
good, professional help. Adoption laws vary from state to state,
from country to country, and within those countries, from jurisdiction
to jurisdiction. I like to work with professionals and feel much
more comfortable when I do. I pay professionals for their time, knowledge,
and experience -- not just for what they do for me. The value of
their help is often incalculable. You would be wise to find and cultivate
relationships with professional adoption agencies and put them on your
team to help you become adoptive parents. But please do not rely
on an adoption agency to provide you with personal legal representation.

Boyd
F. Campbell has practiced adoption law, both domestic and intercountry,
immigration and nationality law, private international law, and official
notarial services and commercial transactions in Montgomery, Alabama, since
1988. He is a member of the American
Immigration Lawyers Association (AILA), and the Alabama
State Bar, and was admitted to the Bar of the United States Supreme
Court in 1991. He served as Chair of the Immigration Law Committee
of the American Bar Association's General Practice, Solo & Small Firm
Lawyers Section. He was also a member of the ABA's Coordinating Committee
on Immigration Law from 1994 to 1998. He is affiliated with AILA's
Atlanta Chapter. He served as Chair of the International
Law Section of the Alabama State Bar from 2000 to 2002, and is the
first practicing civil law notary in Alabama, having been appointed by
Alabama Secretary of State on August 20, 2001. In that capacity he
serves as a Director of the National Association
of Civil Law Notaries and the Alabama Association of Civil Law Notaries.
Mr. Campbell was selected for inclusion in The
Best Lawyers in America Consumer Guide published by Woodward
/ White, Inc. Best Lawyers maintains a database of attorneys on its
website, which is available by subscription only.

Questions or comments
about this article may be directed to:Immigration
Law Center, L.L.C.P.O. Box 11032Montgomery, Alabama 36111-0032
USATelephone: (334) 832-9090